London Borough of Newham (23 016 152)
Category : Environment and regulation > Other
Decision : Closed after initial enquiries
Decision date : 23 Feb 2024
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about damage caused to Ms X’s property from a water leak from a Council owned property as we are prevented from doing so by law.
The complaint
- Ms X complained the Council will not take responsibility for damage caused to her property from a water leak from one of its properties. Ms X says her health is affected as her property has since developed black mould. Ms X wants the Council to rectify the damage.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We cannot investigate Ms X’s complaint as we cannot investigate the actions of councils acting as registered social housing providers, as per paragraph three.
Final decision
- We cannot investigate Ms X’s complaint because we are prevented from doing so by law.
Investigator's decision on behalf of the Ombudsman